[WSBAPT] PR obligation to charge rent?

[susan at pepetersonlaw.com]

Hello listmates, I've seen a lot of discussion lately about using rent as
the "stick" to remove an unwanted child/beneficiary from the decedent's
home, but what about the opposite scenario?  HC is the PR for his brother's
estate pursuant to a will naming him with non-intervention powers.  Decedent
had two adult sons who do not get along (hence the will that names HC as
PR).  Brother A lived in Dad's house for several years taking care of Dad
and the house, etc.  Dad dies, and Brother A resides in the house with the
blessing of the PR while it is being prepared for sale.  Note that there was
significant work performed by Brother A while he lived there post-death
associated with clearing out and cleaning the home so it could be placed on
the market.  All told, Brother A lived in the home for less than 6 months
following Dad's death (the house has since sold and Brother A moved out in
advance of the closing date).  The PR feels that Brother A's living in the
home was a net benefit to the Estate due to the work he put in to get it
ready for sale, etc., and therefore,  PR has no interest in charging Brother
A rent for his staying in the home.  Brother B is demanding that the estate
charge his brother rent and is threatening action if the PR declines to do
so.  Obviously, PR has a fiduciary duty to the estate and both
beneficiaries, but does that mean that he is obligated to charge rent in
this situation?   Is it enough for PR to simply tell Brother B that, in his
opinion, the benefit of the work Brother A put in was more valuable than any
rent the Estate could have received?

 

Susan E. Spuller

Attorney at Law

 

Law Office of Paulette Peterson, PLLC

710 Ericksen Ave NE, Suite 201

Bainbridge Island, WA 98110

206.855.9293

Fax: 206.678.0105

 

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